Subordinate Legislation Committee, 25 Jan 2005

Meeting date: Tuesday, January 25, 2005

Official Report 203KB pdf

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Instruments Subject to Annulment

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Instruments Subject <br />to Annulment

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Road Traffic (Permitted Parking Area and Special Parking Area) (South Lanarkshire Council) Designation Order 2005 <br />(SSI 2005/11)<br />Road Traffic (Parking Adjudicators) (South Lanarkshire Council) Regulations 2005 (SSI 2005/13)

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Non-Domestic Rate (Scotland) Order 2005 (SSI 2005/14)

No points have been identified on the instruments.

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Community Reparation Orders (Requirements for Consultation and Prescribed Activities) (Scotland) Regulations 2005 (SSI 2005/18)

The legal advice has raised a few issues on the regulations, most of which are to do with the interpretation of the enabling power and whether the regulations are ultra vires. I need the committee's views on this one.

We should just ask the Executive the question.

Personally, I think that this is a grey area. The legal advice says that the Antisocial Behaviour etc (Scotland) Act 2004 obliges local authorities to consult

"such persons or class or classes of persons as the Scottish Ministers may by regulations prescribe."

I think that that covers what is in the regulations. However, I am happy to ask the question of the Executive, if the committee thinks that that is the way to go.

I think that the regulations interpret the original intention in a reasonable way. However, it is the practice of the committee that if a member wishes us to put a question, we do so. If Murray Tosh particularly wants us to do that, I do not have a problem with that.

I do not have a pressing policy reason for asking the question, but it strikes me that there is a significant difference between

"persons … the Scottish Ministers may … prescribe"

and persons whom

"the local authority thinks appropriate."

If those descriptions are felt, in general terms, to be mutually compatible, that is an interesting perspective that we should explore.

I am happy to ask the question of the Executive. Is that agreed?

Members indicated agreement.

There are also some minor points on the regulations and I suggest that we put those in an informal letter.

Members indicated agreement.